§ 2-2044. Establishing a schedule of violations, options and penalties, regarding citations and notices to appear.

(a)

The Commission hereby establishes a schedule of violations and penalties to be assessed by Code Enforcement Officers for those codes and ordinances enforced pursuant to this Article.

(b)

Schedule of violations and penalties: Except as otherwise provided by law, for uncontested violations cited under this Article, the following schedule of civil penalties is imposed for the corresponding offense; first offense $105.00, second offense $255.00, and third or more offense $405.00.

(c)

The following options are available to a person who has been issued a citation or notice to appear in accordance with this Article:

(1)

If a person elects not to contest a citation or notice to appear, the person may pay the appropriate civil penalty, as set forth above in this article, within 30 days from issuance of the citation or notice to appear to the clerk of the circuit court.

(2)

If a person elects to contest a citation or notice to appear in county court and, after trial before the county court, is adjudicated to have committed a violation, a civil penalty not to exceed $500.00 shall be imposed by the county court. The county judge may also order the Violator to correct the violation within a time certain and as may be specified. Court costs, legislative assessments, and costs of prosecution, all as provided for by law, shall be assessed by the county court.

(d)

If a person fails to pay the civil penalty specified by the schedule of penalties within the time allowed, or fails to request a hearing or fails to appear in county court to contest the citation or notice to appear, the Violator shall be deemed to have waived the right to contest the citation or notice to appear and judgment shall be entered against the person in an amount up to the maximum civil penalty of $500.00 per violation, but not less than the amount of the penalty set forth in the schedule for uncontested violations.

(e)

Any person who willfully refuses to sign and accept a citation issued by a designated Code Enforcement Officer shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. §§ 775.082 or 775.083.

(f)

Unless otherwise required by law, all monies required to be paid for civil penalties, or as may otherwise be awarded by the county court, pursuant to this ordinance will be distributed as follows:

(1)

The first $5.00 of any fine or order of the court will be retained by the clerk of courts; and

(2)

All other monies paid by, and collected from, violations will be remitted to the Collier County Code Enforcement Department.

(Ord. No. 2010-04, § 1)